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Before the
Federal Communications Commission
Washington, D.C. 20554
APCC Services, Inc., )
)
Complainant, )
)
v. ) File No. EB-05-MD-028
)
Qwest Communications Corporation, )
)
Defendant. )
ORDER OF DISMISSAL
Adopted: April 7, 2006 Released: April 7, 2006
By the Deputy Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On September 29, 2005, APCC Services, Inc. ("APCC") filed a formal
complaint pursuant to section 208 of the Communications Act of 1934,
as amended ("Act"), against Qwest Communications Corporation
("Qwest"). APCC alleged that Qwest had violated sections 201(b) and
276(b) of the Act by failing to make certain payphone compensation
payments.
2. On March 28, 2006, APCC and Qwest filed a joint motion requesting that
we dismiss the Complaint with prejudice. The Joint Motion states that
the parties have reached a mutually-acceptable resolution of their
dispute and executed a Mutual Settlement Agreement and Release.
3. We are satisfied that dismissing the Complaint with prejudice will
serve the public interest by promoting the private resolution of
disputes and by eliminating the need for further litigation and the
expenditure of further time and resources of the parties and this
Commission.
4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(b),
208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C.
SS 154(i), 154(j), 201(b), 208, and 276, sections 1.720-1.736 of the
Commission's rules, 47 C.F.R. SS 1.720-1.736, and the authority
delegated in sections 0.111 and 0.311 of the Commission's rules, 47
C.F.R. SS 0.111 and 0.311, that the Joint Motion IS GRANTED, that the
Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS
TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Rosemary H. McEnery
Deputy Chief, Market Disputes Resolution Division
Enforcement Bureau
47 U.S.C. S 208.
Formal Complaint, File No. EB-05-MD-028 (filed Sept. 29, 2005)
("Complaint").
47 U.S.C. SS 201(b), 276(b).
Joint Motion to Dismiss Formal Complaint with Prejudice, File No.
EB-05-MD-028 (filed Mar. 28, 2006) ("Joint Motion").
See Joint Motion at 1.
(Continued from previous page)
(continued....)
Federal Communications Commission DA-06-818
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Federal Communications Commission DA-06-818